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2025 DAILYLAW 11135 (UTT)

KAMAL KUMAR TIWARI v. STATE OF UTTARAKHAND THROUGH SECRETARY

WPSS/1494/2025 · 2025-09-11

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8064 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1494/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Vinay Kumar, Advocate, for the petitioner. Mr. N.S. Pundir, Deputy AG, for the State. (2) Petitioner was appointed as Junior Clerk in Health Department vide order dated 5.12.2005. Since the New Pension Scheme was introduced in respect of State employees w.e.f. 1.10.2005, therefore, petitioner was denied benefit of Old Pension Scheme. Now, the State Government has taken a policy decision, which is contained in Government Order dated 7.11.2023, which provides that persons who were appointed after 1.10.2005 but whose selection process was initiated before 1.10.2005 shall be entitled for the benefit of Old Pension Scheme. (3) Learned counsel for the petitioner submits that petitioner is covered under the aforesaid policy, however the benefit thereof has been unjustly denied to him. (4) Learned State Counsel submits that petitioner has sought a writ of mandamus and he has also made a representation, therefore the competent authority shall examine petitioner’s claim as per law. (5) Writ petition is, accordingly, disposed of by directing respondent no. 3 to take decision on petitioner’s option, as per law, within three months from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J.) 11.9.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.09.11 18:31:29 +05'30' 2025:UHC:8064